The Civil Law in Spain and Spanish-America: Including Cuba, Puerto Rico, and Philippine Islands, and the Spanish Civil Code in Force, Annotated and with References to the Civil Codes of Mexico, Central and South America ...

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The Lawbook Exchange, Ltd., 2003 - History - 672 pages

A thorough account of Spanish civil law and its influence. Originally published: Washington, D.C.: W.H. Lowdermilk & Co., 1900. xix, 672 pp. Spain has an extraordinarily rich legal history, one that reflects Roman, Gothic, Arabic, Papal, Holy Roman and French influences. It is equally notable for its innovative and progressive nature. It was the first nation to produce a published commercial code. Aragon possessed and exercised a writ of habeas corpus during the medieval era. Medieval Spanish law witnessed the invention of democratic principles that would form the basis of the Republic of Iceland, the Magna Charta and the American Declaration of Independence. And as the first great colonial power, Spain exported its legal ideas to the New World. This had a profound influence on the history of most Latin American nations and the Philippines. The study of Spanish and Spanish-influenced law has much to offer the student of legal history. Walton facilitates this study through lucid historical introductions, notes and translations of rare source materials.

 

Contents

Historical Introduction Spain SpanishAmerica Cuba
1
PART FIRST
19
CHAPTER II
71
PART SECOND
85
The Modern Civil Code Provincial or Local Laws still in force
107
BOOK FIRST
125
SECTION THIRD Proof of Marriage
132
CHAPTER THIRD Civil Marriage
139
CHAPTER SECOND Inheritances
267
SECTION THIRD Substitution
273
SECTION SIXTH Advantages mejoras
281
SECTION SEVENTH Rights of the Surviving Consort
283
SECTION ELEVENTH Executors Albaceas ó Testamentarios
293
CHAPTER FOURTH Order of Succession According to Diver
299
SECTION SECOND Property Subject to Reservation
305
SECTION FIFTH Benefit of Inventory and Right to Deliberate
311

Paternity and Filiation
145
The Support of Relations
151
CHAPTER FOURTH Means of Determining the Parental
157
CHAPTER FIFTH Adoption
158
CHAPTER SECOND Testamentary Guardianship
164
CHAPTER SIXTH Persons unable to be Guardians and Pro
170
CHAPTER TENTH Accounts of the Guardianship
179
CHAPTER SECOND Majority
185
PROVISIONSCOMMON TO THE THREE PRECEDING CHAPTERS
191
CHAPTER THIRD Fixing Boundaries and Placing Land
198
SECTION THIRD The Use of Waters of Private Ownership
204
Usufruct Use and Habitation
213
SECTION FOURTH Manner of Extinguishing the Usufruct
222
SECTION THIRD Rights and Obligation of Owners of Dominant
228
SECTION FIRST General Provisions
230
SECTION FIFTH Easement of Light and Views
236
BOOK THIRD
242
CHAPTER FOURTH Revocation and Reduction of Donations
248
SECTION FOURTH Holographic Testaments
255
SECTION SEVENTH Military Testaments
261
SECTION SECOND Distribution
317
BOOK FOURTH
324
SECTION SECOND Obligations Depending on a Term
330
CHAPTER FOURTH Extinction of Obligations
336
SECTION FOURTH Confusion of Rights
342
SECTION SECOND Confession
349
SECTION SECOND Objects of Contracts
355
Contracts About Property on Account of Marriage
362
SECTION SECOND Administration and Usufruct of the Dowry
369
SECTION SECOND Property Belonging to Each One of the Consorts
375
SECTION SECOND Effects of Security Between the Debtor and
448
CHAPTER FOURTH Antichresis
454
CHAPTER SECOND Classification of Credits
461
CHAPTER THIRD Prescriptions of Actions
467
CHAPTER III
492
PART THIRD
519
The Laws and Codes of Mexico History of Mexican Constitu
527
CHAPTER III
558
CHAPTER IV
588
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About the author (2003)

CLIFFORD STEVENS WALTON [1861-1912], a major in the United States Army, was a veteran of the Spanish American War who served as a staff officer in Cuba and Puerto Rico. He graduated from West Point and attended the University of Madrid and the National Law University in Washington, DC, where he received an LLM degree. He served as an attorney on several International law commissions that involved controversies between the United States and Chile, Peru, El Salvador and other nations.

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